Disposed

Kamala Jena@Juja@Kamalakanta Jenak v. State of Orissa

Orissa HC3 Jan 2023CRLMC/1029/2017

Case brief

AI extract

What is this about?

Petitioner sought liberty to file a claim of juvenility after the lower court held the matter not ripe during investigation. High Court granted liberty to approach the court in seisin of the case with an appropriate application for relief, directing prompt disposal.

What did the court decide?

Liberty granted to approach Court in seisin of the case with an application for claim of juvenility.

Kamala Jena@Juja@Kamalakanta Jenak Vs State of Orissa — Criminal Trial and Appeal | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1029 of 2017

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Kamala Jena @ Kamalakanta Jenak

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Petitioner

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Mr. P.K. Sahoo, Advocate

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-versus-

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State of Orissa

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…. Opp. Party Mr. S.R. Roul, A.S.C.

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CORAM:

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JUSTICE G. SATAPATHY

ORDER

Order No.

03.01.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Mr. P.K. Sahoo, learned counsel for the Petitioner by drawing attention of this Court to the impugned order passed by the learned J.M.F.C., Basudevpur, submits that the learned J.M.F.C. has rejected the petition for claim of juvenility by the Petitioner on the ground that the same is not maintainable in its present form at that time when the investigation was going on and, therefore, the present CRLMC may be disposed of by granting liberty to the Petitioner to approach the Court in seisin of the case with a petition for claim of juvenility and in that event, the same shall be disposed of promptly.

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Mr. S.R. Roul, learned A.S.C. does not raise any objection to the prayer made by the Petitioner.

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A perusal of the impugned order, it appears to the Court that the learned J.M.F.C. has disposed of the petition for claim of juvenility of the Petitioner by the said order, the relevant portion of which is extracted below :-

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// 2 //

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“Now on the question of the juvenility of accused-petitioner, this Court feels that time is not ripe to venture into the question. Apparently investigation is in progress and it may happen that the Petitioner may be projected as a juvenile in the Final Form.”

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In view of the aforesaid limited prayer advanced on behalf of the Petitioner and taking into consideration the impugned order passed by the learned J.M.F.C., this court without adverting to the materials on record on merit disposes of the CRLMC application granting liberty to the Petitioner to approach the Court in seisin of the case in an appropriate application for claim of juvenility and in such event, the concerned Court shall dispose of the same promptly in accordance with law.

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Accordingly, the CRLMC is disposed of.
( G. Satapathy)
Judge

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Priyajit

Kamala Jena@Juja@Kamalakanta Jenak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kamala Jena@Juja@Kamalakanta Jenak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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